Notice of Meeting:
I hereby give notice that an ordinary meeting of the Dunedin
City Council will be held on:
Date: Tuesday
28 November 2017
Time: 12.00
noon
Venue: Council
Chamber, Municipal Chambers, The Octagon, Dunedin
Sue Bidrose
Council
PUBLIC AGENDA
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Mayor
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Mayor Dave Cull
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Deputy Mayor
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Cr Chris Staynes
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Members
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Cr David Benson-Pope
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Cr Rachel Elder
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Cr Christine Garey
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Cr Doug Hall
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Cr Aaron Hawkins
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Cr Marie Laufiso
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Cr Mike Lord
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Cr Damian Newell
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Cr Jim O'Malley
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Cr Conrad Stedman
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Cr Lee Vandervis
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Cr Andrew Whiley
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Cr Kate Wilson
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Senior Officer Sue
Bidrose, Chief Executive Officer
Governance Support Officer Lynne
Adamson
Lynne Adamson
Governance Support Officer
Telephone: 03 477 4000
Lynne.Adamson@dcc.govt.nz
www.dunedin.govt.nz
Note: Reports
and recommendations contained in this agenda are not to be considered as
Council policy until adopted.
ITEM TABLE OF CONTENTS PAGE
1 Opening 4
2 Public
Forum 4
2.1 Smokefree Dunedin 4
2.2 1080 4
3 Apologies 4
4 Confirmation
of Agenda 4
5 Declaration
of Interest 5
6 Confirmation
of Minutes 23
6.1 Ordinary Council meeting - 31 October 2017 23
Reports
7 Constitutions
Non-Trading Companies 35
8 Warrant
Cards 2016/17 57
9 Approval
of additional resource consent fee categories 66
10 Part
Port Chalmers Recreation Reserve (Back Beach) Proposed Electricity Easement to
Aurora Energy Ltd 70
Resolution to Exclude the Public 79
1 Opening
Stephen
Smith from the Church of Jesus Christ of Latter Day Saints will open the
meeting with an opening prayer.
2 Public
Forum
2.1 Smokefree Dunedin
Janet Hoek wishes to address the meeting concerning
Smokefree Dunedin..
2.2 1080
Samson Kazakov wishes to speak to the Council about 1080.
3 Apologies
At the close of the agenda no
apologies had been received.
4 Confirmation
of agenda
Note:
Any additions must be approved by resolution with an explanation as to why they
cannot be delayed until a future meeting.
Declaration of Interest
EXECUTIVE SUMMARY
1. Members are reminded of the need
to stand aside from decision-making when a conflict arises between their role
as an elected representative and any private or other external interest they
might have.
2. Elected
members are reminded to update their register of interests as
soon as practicable, including amending the register at this meeting if
necessary.
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RECOMMENDATIONS
That the Council:
a) Notes/Amends
if necessary the Elected Members' Interest Register attached as Attachment A;
and
b) Confirms/Amends the proposed management plan for Elected Members' Interests.
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Attachments
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Title
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Page
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a
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Register of Interest
November 2017
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7
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Declaration of Interest
EXECUTIVE SUMMARY
1. Staff
members are reminded to update their register of interests as
soon as practicable, including amending the register at this meeting if
necessary.
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RECOMMENDATIONS
That the Council:
a) Notes the Executive
Leadership Team's Interest Register and the proposed management plan attached
as Attachment A.
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Attachments
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Title
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Page
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a
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ELT Register of
Interest November 2017
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19
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Confirmation
of Minutes
Ordinary Council meeting - 31 October 2017
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RECOMMENDATIONS
That the Council:
Confirms the public part of the minutes of
the Ordinary Council meeting held on 31 October 2017 as a correct record.
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Attachments
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Title
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Page
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A
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Minutes of Ordinary
Council meeting held on 31 October 2017
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24
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Council
MINUTES
Unconfirmed Minutes of an
ordinary meeting of the Dunedin City Council held in the Council Chamber,
Municipal Chambers, The Octagon, Dunedin on Tuesday 31 October 2017, commencing
at 1.00 pm
PRESENT
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Mayor
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Mayor Dave Cull
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Deputy Mayor
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Cr Chris Staynes
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Members
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Cr David Benson-Pope
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Cr Rachel Elder
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Cr Christine Garey
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Cr Aaron Hawkins
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Cr Marie Laufiso
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Cr Mike Lord
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Cr Damian Newell
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Cr Jim O'Malley
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Cr Conrad Stedman
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Cr Lee Vandervis
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Cr Andrew Whiley
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Cr Kate Wilson
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IN ATTENDANCE
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Sue Bidrose (Chief Executive
Officer), Sandy Graham (General Manager Strategy and Governance), Graham
McKerracher (Manager, Council Communications and Marketing), Simon Pickford
(General Manager Community Services) and Ruth Stokes (General Manager
Infrastructure and Networks), Gavin Logie (Acting Chief Financial Officer),
Andrea Jones (Communications Team Leader), Kristy Rusher (Manager Civic and
Legal), Jendi Paterson (Operations Manager Parks and Recreation), Tom Dyer
(Group Manager 3 Waters), Ashley Reid (Parks and Recreation Planner) and
Julian Tan and Amanda Nichol (Audit New Zealand)
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Governance Support Officer Lynne
Adamson
1 Opening
Venerable Geshe Dhonyoe from the
Dhargyey Buddhist Centre opened the meeting with a prayer.
2 Public
Forum
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2.1 Greater
Green Island Community Network Charitable Trust
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Leanne Stenhouse, Amanda Reid and Steve Hayward addressed
the meeting concerning the Greater Green Island Community Network Charitable
Trust.
They spoke to a presentation and discussed community
consultation and priorities; current projects and funding required to ensure
the Trust continued following the conclusion of funding from the Department
of Internal Affairs. Ms Stenhouse commented that their work was in
close linkage to the Council strategic plans and expressed gratitude for the
support they had received from departments within Council and other various
organisations.
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2.2 Camping
Control Bylaw
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Mark Brown discussed the Camping Control Bylaw on behalf
of the Waikouaiti Coast Community Board. He spoke of their support of
the current Freedom Camping Bylaw, the need to welcome visitors to the area
and ensure there were appropriate freedom camping sites.
Mr Brown commented on the efforts the Waikouaiti Coast
Community Board had undertaken to identify possible camping sites to
compliment the over stretched Warrington Camping Ground.
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2.3 Dunedin City Council response to
Dunedin Hospital Rebuild Options
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Lyndon Weggery and Paul Schofield tabled written
information and addressed the meeting concerning the Dunedin City Council
response to the Dunedin Hospital Rebuild options.
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That
the Council:
Extend
the Public Forum.
Motion
carried (CNL/2017/184)
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2.4 Affordable
Equity Scheme - High Street Co-Housing Development
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Catherine Spencer and Frances Ross presented, tabled and
spoke to their written information on the Affordable Equity Scheme.
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2.5 Wildlife
Hospital Trust
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Steve Walker, Mike Waddell, Andy Cunningham and Jordana
Whyte distributed and spoke to information on the Dunedin Wildlife Hospital
Trust.
They advised that the temporary hospital had been
established in 2016 through collaboration with the Otago Polytechnic and the
Yellow-eyed Penguin Trust with the focus on treating penguins. The
Polytechnic was committed to the construction of a brand new Wildlife
hospital within 12-24 months. The hospital would be housed at the Otago
Polytechnic and be able to handle approximately 500 sick or injured animals
each year.
Mr Walker commented on the links to the Council strategic
plans and advised that the Trust would seek partnership for a micro Eco
Tourism operation to be created at the hospital. They spoke of funding they
had in place and advised that they would approach Council through the Annual
Plan process to request financial support to help with the first three years
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2.6 The
Valley Project
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Anna Parker, Rory White and Rob Thomson spoke to their
tabled information and PowerPoint presentation on the Valley Project.
Ms Parker commented that the Valley Project was a
community-led development project based in the North East Valley and was very
similar to the Greater Green Island Community Network. She spoke of the
linkage to the Council strategic plans and their collaborative relationships
with Council departments.
They commented on projects within the community and the
introduction of a $15.00 “Valley Card” which enabled residents to
obtain discounts at local businesses that was beneficial to all parties and
growth in the community.
Ms Parker urged Council to include investment in place
spaced community projects in the Long Term Plan.
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Councillor Wilson entered the meeting at 2.20 pm
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3 Apologies
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Accepts the apology from
Cr Doug Hall for absence and Cr Andrew Whiley for early departure.
Motion
carried (CNL/2017/185)
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4 Confirmation
of agenda
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Confirms the public part
of the agenda with the following alterations:
- That
Item 20 be taken before Item 18 due to external representatives availability
to speak to the report.
- In
regard to Standing Order 2.1, Option C be adopted in relation to moving and
seconding and speaking to amendments
- That
confirmation of the Public Excluded Agenda be taken in the closed part of the
meeting.
Motion
carried (CNL/2017/186)
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5 Declarations
of interest
Members were
reminded of the need to stand aside from decision-making when a conflict arose
between their role as an elected representative and any private or other
external interest they might have.
The Mayor requested that the
register be updated to reflect his new position as President of Local
Government New Zealand.
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
a) Notes the Elected
Members' Interest Register.
b) Confirms
the proposed management plan for Elected Members' Interests.
Motion
carried (CNL/2017/187)
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
a) Notes the Executive
Leadership Team's Interest Register.
Motion
carried (CNL/2017/188)
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Minutes
of Committees
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6 Infrastructure
Services and Networks Committee - 16 October 2017
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Moved (Cr Kate Wilson/Cr Jim O'Malley):
That the Council:
a) Notes the
minutes of the Infrastructure Services
and Networks Committee meeting held on
16 October 2017
Motion
carried (CNL/2017/189)
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7 Community
and Culture Committee - 17 October 2017
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Moved (Cr Aaron Hawkins/Cr Marie Laufiso):
That the Council:
a) Notes Part
A items and public forum of the minutes of the Community and Culture Committee meeting held on 17 October 2017
b) Approves the
following Part B items of the minutes of the Community and Culture
Committee meeting held on 17 October 2017:
Item 9: Public
Art Framework 2017-22
Item 10: New Zealand
Masters Games Operational and Financial Status
Item 11: Dunedin (New
Zealand) Masters Games Trust CCO Exemption
c) Takes Part
C items of the minutes of the Community and Culture Committee held on
Tuesday, 17 October 2017, in the non-public part of the meeting.
Motion
carried (CNL/2017/190)
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8 Planning
and Environment Committee - 17 October 2017
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Moved (Cr David Benson-Pope/Cr Conrad Stedman):
That the Council:
a) Notes the
minutes of the Planning and Environment
Committee meeting held on 17 October 2017
Motion
carried (CNL/2017/191)
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9 Bylaws
Subcommittee - 21 August 2017
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Moved (Cr Andrew Whiley/Cr Mike Lord):
That the Council:
a) Notes Part
A of the minutes of the Bylaws
Subcommittee meeting held on 21 August 2017
Motion
carried (CNL/2017/192)
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Minutes
of Community Boards
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10 Mosgiel-Taieri
Community Board - 30 August 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes the
minutes of the Mosgiel-Taieri Community
Board meeting held on
30 August 2017
Motion
carried (CNL/2017/193)
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11 Otago
Peninsula Community Board - 24 August 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes the
minutes of the Otago Peninsula
Community Board meeting held on 24 August 2017
Motion
carried (CNL/2017/194)
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12 Saddle
Hill Community Board - 13 July 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes the
minutes of the Saddle Hill Community
Board meeting held on 13 July 2017
Motion
carried (CNL/2017/195)
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13 Saddle
Hill Community Board - 31 August 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes the
minutes of the Saddle Hill Community
Board meeting held on 31 August 2017
Motion
carried (CNL/2017/196)
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14 Strath
Taieri Community Board - 7 September 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes the
minutes of the Strath Taieri Community
Board meeting held on 7 September 2017
Motion
carried (CNL/2017/197)
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15 Waikouaiti
Coast Community Board - 5 July 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes the
minutes of the Waikouaiti Coast
Community Board meeting held on 5 July 2017
Motion
carried (CNL/2017/198)
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16 Waikouaiti
Coast Community Board - 23 August 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes the
minutes of the Waikouaiti Coast
Community Board meeting held on 23 August 2017
Motion
carried (CNL/2017/199)
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17 West
Harbour Community Board - 30 August 2017
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Moved (Cr Mike Lord/Cr Andrew Whiley):
That the Council:
a) Notes Part
A items and public forum of the minutes of the West Harbour Community Board meeting held on 30 August 2017.
Motion
carried (CNL/2017/200)
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Reports
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20 Dunedin
City Council Annual Report 2017
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A report from Finance sought approval and
adoption of the Annual Report for the Dunedin City Council for the financial
year ended 30 June 2017.
The Acting Chief Financial Officer and Julian Tan and
Amanda Nichols (Audit New Zealand) commented on the report and responded to
questions from Councillors.
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Moved (Cr Mike Lord/Cr Kate Wilson):
That the Council:
a) Authorises the
Mayor and Chief Executive to sign the Statement of Responsibility on behalf
of Council.
b) Authorises the
Mayor and Chief Executive to sign the Letter of Representation on behalf of
Council.
c) Approves
and adopts the Dunedin City Council
Annual report with the Auditors report and summary report for the financial
year ended 30 June 2017, subject to any minor editing required between
adoption and final publication.
Motion
carried (CNL/2017/201) with Cr Vandervis recording his votes against
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18 Festivals
and Events Plan 2018-2023
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A report from Community and Planning sought approval to
undertake public consultation on the draft Festivals and Events Plan 2018
– 2023 from 22 November through to 15 December 2017. Following
consultation and any subsequent amendments, the Plan would be provided to
Council in February 2018 for final approval.
The Manager Events and Community Development and Events
Special Projects Co-ordinator spoke to the report, provided an overview on
the plan and consultation process. They responded to questions on events,
accommodation and methods to connect potential visitors with different types
of accommodation.
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Moved (Cr Chris Staynes/Cr Andrew Whiley):
That the Council:
a) Approves public
consultation on the draft Festivals and Events Plan 2018 – 2023 to be
undertaken for a three week period (22 November – 15 December 2017).
b) Notes that
the draft Festivals and Events Plan 2018 – 2023 may be amended
following public consultation and that a final draft will be presented to
Council for approval in February 2018.
Motion
carried (CNL/2017/202)
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19 Proposed
Meeting Schedule for 2018
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A report from Civic and Legal
sought adoption of a meeting schedule for 2018 in accordance with Clause
19(6)(a) of Schedule 7 of the Local Government Act 2002 which allows the Council
to adopt a schedule of meetings to cover any future period that it considers
appropriate.
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Moved (Cr Chris Staynes/Cr Damian Newell):
That the Council:
a) Approves the
proposed meeting schedule for 2018 as appended to the report, or advises of
alternate meeting dates/arrangements.
b) Notes that
community boards will confirm their own meeting dates during the last meeting
round.
Motion
carried (CNL/2017/203)
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
a) Adjourn
the meeting.
Motion
carried (CNL/2017/204)
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The meeting adjourned at 3.14 pm and reconvened at 3.30 pm.
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21 Camping
Control Bylaw 2017
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A report from Parks and
Recreation recommended that Council adopt the changes proposed to
Council’s Camping Control Bylaw 2015 (‘the Bylaw’) as
recommended by the Bylaw Subcommittee.
The General Manager
Infrastructure and Networks and the Operations Manager spoke to the report
and provided an update on practices of neighbouring Councils around freedom
camping and they responded to questions and commented on the implementation
plan and education for visitors to the region should the new bylaw be
adopted.
There was lengthy discussion
on the merits of changing the Camping Control Bylaw to ban non-certified
campers or to remain with the status quo.
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Moved (Cr Andrew Whiley/Cr Christine Garey):
That the Council:
a) Accepts
the Bylaw Subcommittee’s recommendation to amend Council’s
Camping Control Bylaw 2015 to limit freedom camping to certified
self-contained vehicles only.
b) Resolves to amend the Camping Control Bylaw 2015 in the following manner:
i) Deletion of existing clause 5(c) and consequential
renumbering of clause 5(d) to clause 5(c);
ii) Deletion of existing schedule C;
iii) Renaming of the existing Schedule D as 'Schedule C';
iv) Renaming of the bylaw as the 'Camping Control Bylaw
2017';
c) Resolves
that the amendments will have effect from 1 November 2017
d) Determines
that the proposed amendments to the Camping Control Bylaw 2015 are necessary
and appropriate;
e) Determines
that the amendments to the bylaw do not give rise to any implications under
the New Zealand Bill of Rights Act 1990.
f) Notes that
this amendment would result in restricting the types of vehicles that can
freedom camp in Warrington Domain and Ocean View Recreation Reserve to
certified self-contained vehicles only.
g) Notes that
implementation of Council’s Camping Control Bylaw 2017 would be
through increased enforcement on Council’s behalf, and a range of education
and promotion initiatives led by Dunedin City Council staff.
The Council voted by Division:
For: Crs
Dave Cull, Christine Garey, Mike Lord, Chris Staynes, Conrad Stedman and
Andrew Whiley (6).
Against: Crs
David Benson-Pope, Rachel Elder, Aaron Hawkins, Marie Laufiso, Damian Newell,
Jim O'Malley, Lee Vandervis and Kate Wilson (8).
The motion was declared LOST by 8 votes to 6
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Councillor Whiley left at 4.47 pm
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22 Notice
of Motion
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A Notice of Motion was received from
Councillor Aaron Hawkins.
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Moved (Cr Aaron Hawkins/Cr Lee Vandervis):
That the Council:
a) Directs Dunedin
City Holdings Ltd to limit any confidentiality arrangements in
employment situations within its subsidiary and associate companies such
that they don’t prohibit the flow of information back to the shareholder.
b) Acknowledges that
there may be valid reasons for some information not to be made public, and
as such this can be reported to the shareholder in the non-public part
of any relevant meeting.
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A Procedural Motion was moved (Cr David Benson-Pope/Cr Jim
O'Malley):
That the Council:
a) Suspends
Standing Order 26.4 to allow an amendment to the Notice of Motion.
Motion
carried (CNL/2017/205) with Cr Vandervis recording his vote against.
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Following discussion it was agreed that an amendment be
made to part b of the motion to replace the word was with may and therefore
to read as follows “and as such this may be reported to
the shareholder in the non-public part of any relevant meeting.”
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Moved (Cr David Benson-Pope/Cr Jim O'Malley):
That the Council:
a) Resumes
Standing Order 26.4.
Motion
carried (CNL/2017/206)
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The amended motion was then moved (Cr Aaron Hawkins/Cr Lee
Vandervis):
That the Council:
a) Directs Dunedin
City Holdings Ltd to limit any confidentiality arrangements in
employment situations within its subsidiary and associate companies such that
they don’t prohibit the flow of information back to the
shareholder.
b) Acknowledges
that there may be valid reasons for some information not to be made
public, and as such this may be reported to the shareholder in the
non-public part of any relevant meeting.
Motion
carried (CNL/2017/207)
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Resolution to exclude the public
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Moved (Mayor Dave Cull/Cr Chris Staynes):
That the Council:
Pursuant
to the provisions of the Local Government Official Information and Meetings
Act 1987, exclude the public from the following part of the proceedings of
this meeting namely:
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General
subject of the matter to be considered
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Reasons
for passing this resolution in relation to each matter
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Ground(s) under
section 48(1) for the passing of this resolution
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Reason for
Confidentiality
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C1
Community and Culture Committee - 17 October 2017 - Public Excluded
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S48(1)(a)
The public conduct of the part of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding exists under section 7.
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C2
Director Re/Appointments
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S7(2)(a)
The
withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
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S48(1)(a)
The public conduct of the part of the meeting
would be likely to result in the disclosure of information for which good
reason for withholding exists under section 7.
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This report is
confidential because the appointment of a director is made public once the
applicant has been notified..
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This resolution is made in
reliance on Section 48(1)(a) of the Local Government Official Information and
Meetings Act 1987, and the particular interest or interests protected by
Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of
the Official Information Act 1982, as the case may require, which would be
prejudiced by the holding of the whole or the relevant part of the proceedings
of the meeting in public are as shown above after each item.
That Mr Graham Crombie (Chair,
Dunedin City Holdings) be allowed to remain in the meeting after the public
has been excluded to speak to Item C2.
Motion
carried (CNL/2017/208)
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The meeting moved into
confidential at 5.14 pm.
..............................................
MAYOR
Reports
Constitutions Non-Trading Companies
Department: Finance
EXECUTIVE SUMMARY
1 The
purpose of this report is to seek Council's approval for new Constitutions for
its three non-trading subsidiaries:
· Dunedin
Visitor Centre Limited,
· Dunedin
Events Limited, and
· Tourism
Dunedin Limited.
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2 The new
Constitutions have been based on the revised constitutions of other group
companies and reflect current legislation. RECOMMENDATIONS
That the Council:
a) Considers the
new Constitutions for:
· Dunedin Visitor Centre Limited,
· Dunedin Events Limited, and
· Tourism Dunedin Limited.
b) Approves the
new Constitutions, on behalf of the Council as shareholder.
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BACKGROUND
3 The three
non-trading subsidiaries owned Council currently do not have constitutions, and
therefore the default provisions of the Companies Act 1993 apply.
4 The new
constitutions (example attached for Dunedin Visitor Centre Limited) have been
drafted by Anderson Lloyd largely in the same form as the new Dunedin City
Holdings Limited Constitution amended where appropriate for the number of
shares for each company.
DISCUSSION
5 Not
applicable.
OPTIONS
Option
One – Recommended Option
6 Approve
the new Constitutions for the three non-trading subsidiaries of Dunedin City
Council. These changes provide consistency across all Group Company
constitutions which means any administrative processes are aligned.
Option
Two – Status Quo
7 If the
status quo option is adopted then the companies will continue to be bound by
the relevant default clauses in the Companies Act 1993.
NEXT STEPS
8 If
approved the associated shareholder resolution will be signed for each company
and the new constitutions filed with the Companies Office.
Signatories
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Authoriser:
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Sandy Graham - General Manager Strategy and Governance
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Attachments
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Title
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Page
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a
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Example Constitution
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38
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b
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Supporting Letter -
Anderson Lloyd
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55
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c
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Example Shareholder Resolution
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56
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SUMMARY OF CONSIDERATIONS
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Fit with purpose
of Local Government
This report relates to providing local infrastructure,
public services and regulatory functions for the community.
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Fit with strategic
framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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☐
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☐
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☒
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Economic Development Strategy
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☐
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☐
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☒
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Environment Strategy
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☐
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☐
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☒
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Arts and Culture Strategy
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☐
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☐
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☒
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3 Waters Strategy
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☐
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☐
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☒
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Spatial Plan
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☐
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☐
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☒
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Integrated Transport Strategy
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☐
|
☐
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☒
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Parks and Recreation Strategy
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☐
|
☐
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☒
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Other strategic projects/policies/plans
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☐
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☐
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☒
|
The report has no direct contribution to the Strategic
Framework.
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Māori Impact
Statement
There are no known implications for tangata whenua.
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Sustainability
There are no implications for sustainability.
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LTP/Annual Plan / Financial
Strategy /Infrastructure Strategy
The report fulfils the reporting requirements for Council
and the Local Government Act 2002.
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Financial
considerations
Not applicable – reporting only.
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Significance
This report has been assessed under the Council's
Significance and Engagement Policy as being of low significance.
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Engagement –
external
The new constitutions have been prepared by Anderson Lloyd
and are largely in the same form as the new constitution for Dunedin City
Holdings Limited.
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Engagement -
internal
Not applicable – reporting only.
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Risks: Legal /
Health and Safety etc.
There are no known risks.
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|
Conflict of
Interest
There are no known conflicts of interest.
|
|
Community Boards
There are no known implications for Community Boards.
|
Warrant Cards 2016/17
Department: Corporate
EXECUTIVE SUMMARY
1 At its
meeting on 1 November 2004 the Council resolved to delegate the power to issue
warrants to the Chief Executive Officer.
2 The
Council subsequently requested that an annual report of warrants issued be
provided to the Council for its information. This report advises the
Council of warrants that have been issued by the Chief Executive Officer in the
12-month period ending 31 October 2017.
|
RECOMMENDATIONS
That the Council:
a) Notes the
Warrant Cards 2016/17 report for the period ending 31 October 2017.
|
Signatories
|
Author:
|
Cindy Ashley - Personal Assistant to General Manager
|
|
Authoriser:
|
Sandy Graham - General Manager Strategy and Governance
|
Attachments
|
|
Title
|
Page
|
|
a
|
Warrant Cards issued
for the period ending 31 October 2017
|
59
|
|
SUMMARY OF CONSIDERATIONS
|
|
Fit with purpose
of Local Government
The Warrant Cards issued as reported in this report
relates to providing local infrastructure, public services and regulatory
functions for the community.
|
|
Fit with strategic
framework
|
|
Contributes
|
Detracts
|
Not applicable
|
|
Social Wellbeing Strategy
|
☐
|
☐
|
☒
|
|
Economic Development Strategy
|
☐
|
☐
|
☒
|
|
Environment Strategy
|
☐
|
☐
|
☒
|
|
Arts and Culture Strategy
|
☐
|
☐
|
☒
|
|
3 Waters Strategy
|
☐
|
☐
|
☒
|
|
Spatial Plan
|
☐
|
☐
|
☒
|
|
Integrated Transport Strategy
|
☐
|
☐
|
☒
|
|
Parks and Recreation Strategy
|
☐
|
☐
|
☒
|
|
Other strategic projects/policies/plans
|
☐
|
☐
|
☒
|
This report has no direct contribution to the Strategic
Framework, although the warrant cards issued contribute to all of the
strategies.
|
|
Māori Impact
Statement
There are no known impacts for tangata whenua.
|
|
Sustainability
There are no implications for sustainability.
|
|
LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
This report fulfils the reporting requirements of Council.
|
|
Financial
considerations
Not applicable – reporting only.
|
|
Significance
Not applicable – reporting only.
|
|
Engagement –
external
Not applicable – reporting only.
|
|
Engagement -
internal
Not applicable – reporting only.
|
|
Risks: Legal /
Health and Safety etc.
Legal risk is treated by having a process in place to
issue and rescind warrants to the appropriate staff members. Training
with regards to the appropriate use of warrants is undertaken for staff
issued with warrants.
|
|
Conflict of
Interest
There are no known conflicts of interest.
|
|
Community Boards
There are no known implications for Community Boards.
|
Approval of additional
resource consent fee categories
Department: Community and Planning
EXECUTIVE SUMMARY
1 This
report recommends that the Council adopts three additional categories to the
schedule of fees for Resource Management Act (RMA) processes, following the
completion of a public consultation process. Adopting the fees will enable the
Council to start collecting the associated revenue provided for through recent
legislative changes.
2 As
set out in a report considered by the Finance and Council Controlled
Organisation Committee on 12 September 2017, the Resource Legislation Amendment
Act 2017 (RLA) made a range of changes to the RMA. Some of the changes
required the addition of new fee categories. The bulk of the changes, which are
operational in nature, took effect from 18 October 2017.
3 In
accordance with the Committee resolutions, the public were consulted on the
additional fee categories using the special consultative procedure. The
submission period was from 20 September to 20 October. No submissions were
received.
|
RECOMMENDATIONS
That the Council:
a) Adopts
three new categories to the schedule of fees for the Resource Management Act
processes.
|
DISCUSSION
4 The
Resource Legislation Amendment Act 2017 (RLA) introduced a number of
changes. The following three changes required the addition of new
fee categories to recover costs for processing applications. The changes are:
· Section “87BA Boundary activities
approved by neighbours on infringed boundaries are permitted activities.”
This section established a new class of permitted activity, where a person can
apply to Council for a boundary certificate if they are in a residential zone
where a side yard or height plane breach is permitted, and the affected
neighbour provides affected party approval.
· New section “87BB Activities meeting certain requirements are
permitted activities.” This section provides the discretion for a consent
authority to make marginal or temporary breaches a permitted activity.
· New sub-section 36(1)(af) where a person making an objection under
section 357A(1)(f) or (g) requests a hearings commissioner. The cost of using a
hearings commissioner can be recovered.
5 The RMA allows for the actual and reasonable cost incurred in
processing each application to be recovered. The current DCC fee schedule does
not provide for the new activities set out in sections 87BA and 87BB RMA.
6 A fee of $300 for each process is proposed to be added to the fee
schedule. These fees are deposits. At the end of the process, when the actual
processing costs are known, an invoice may be needed for expenditure
above the deposit, or a refund for any underspend of the deposit.
7 A new fee category is also required where a person requests a
hearings commissioner to decide an objection under s357A. Because hearings
commissioners are independent professionals the cost to Council will likely be
greater than that of a councillor who is an accredited commissioner. A deposit
of $800 is recommended as an appropriate addition to the fee schedule.
8 Consultation on the proposal to charge fees for these three specific
changes to the RMA was undertaken using the special consultative procedure, as
required. No submissions were received.
9 Council is now recommended to add the new fee categories to the fee
schedule. This will enable actual and reasonable costs to be recovered for each
application, in line with other categories of application. The estimated cost of processing applications under these new
categories is estimated to be $7,000 up until 30 June 2018.
OPTIONS
10 The
options are as identified in the special consultative procedure.
Option One – Recommended Option
11 To
add the following fee categories to the fee schedule for RMA processes:
· $300 (deposit) for s87BA RMA boundary activities
· $300 (deposit) for s87BB RMA marginal or temporary breaches
· $800 (deposit) for s36(1)(af) RMA where an objection is made under
357A(1)(f) or (g) to request a hearings commissioner.
Advantages
· The Council will recover actual and reasonable costs of these new
categories of application from the applicants, which avoids the need to use
ratepayer funding to pay for the process
· The new fee categories are in alignment with the other RMA fees
included in the existing fee schedule.
Disadvantages
· No disadvantages identified.
Option Two
12 Do
not establish new fee categories.
Advantages
· No change is required.
Disadvantages
· The ratepayer would have to fund the cost of processing of these
applications for work that benefits the applicant.
NEXT STEPS
13 If
the Council supports the recommendation the new fees can then be applied from
1 December 2017. If the second option is adopted, there will be no charge
for the new application types and no further action.
Signatories
|
Author:
|
Alan Worthington - Resource Consents
Manager
|
|
Authoriser:
|
Nicola Pinfold - Group Manager Community
and Planning
|
Attachments
There are no
attachments for this report.
|
SUMMARY OF CONSIDERATIONS
|
|
Fit
with purpose of Local Government
This report relates to providing a
regulatory function and it is considered good-quality and cost-effective.
|
|
Fit
with strategic framework
|
|
Contributes
|
Detracts
|
Not applicable
|
|
Social Wellbeing Strategy
|
☐
|
☐
|
☒
|
|
Economic Development Strategy
|
☐
|
☐
|
☒
|
|
Environment Strategy
|
☐
|
☐
|
☒
|
|
Arts and Culture Strategy
|
☐
|
☐
|
☒
|
|
3 Waters Strategy
|
☐
|
☐
|
☒
|
|
Spatial Plan
|
☒
|
☐
|
☐
|
|
Integrated Transport Strategy
|
☐
|
☐
|
☒
|
|
Parks and Recreation Strategy
|
☐
|
☐
|
☒
|
|
Other strategic projects/policies/plans
|
☐
|
☐
|
☒
|
Changing the fees makes a limited
contribution insofar as the fees relate to the implementation of the District
Plan, which is the primary tool to give effect to the Spatial Plan.
|
|
Māori
Impact Statement
There are no known impacts for tangata
whenua.
|
|
Sustainability
There are no known impacts for
sustainability.
|
|
LTP/Annual
Plan / Financial Strategy /Infrastructure Strategy
There are no implications for the LTP.
|
|
Financial
considerations
If the new fee categories are not added
there will be at least $7,000 in additional cost to the ratepayer in the
2017/18 financial year. This is the estimated cost of processing applications
up to 30 June 2018.
|
|
Significance
This decision is considered low in terms
of the Council’s Significance and Engagement Policy.
|
|
Engagement
– external
There was a special consultative
procedure undertaken during September and October 2017 about the proposed
fees. There were no submissions.
|
|
Engagement
– internal
There were discussions with the Corporate
Policy staff.
|
|
Risks:
Legal / Health and Safety etc.
There are no identified risks.
|
|
Conflict
of Interest
There is no identified conflict of
interest.
|
|
Community
Boards
There are no specific implications for
community boards.
|
Part Port Chalmers Recreation Reserve (Back
Beach) Proposed Electricity Easement to Aurora Energy Ltd
Department: Parks and Recreation
EXECUTIVE SUMMARY
1 This
report discusses an application by Aurora Energy Ltd for the grant of an
underground easement over part of the Port Chalmers Recreation Reserve area
commonly known as Back Beach and recommends the easement be granted.
2 The
easement is to replace historic overhead lines with underground cabling and the
removal of the existing compromised poles.
3 This
report asks the Council to make two decisions. First, a decision in its
capacity as the administering body for the reserve and secondly, a decision to
exercise the Minister of Conservation’s delegation.
|
RECOMMENDATIONS
That the Council:
a) Grants, as
administering body of the Reserve, pursuant to Section 48 of the Reserves Act
1977, an easement in gross to Aurora Energy Limited for the installation of
underground cables over that part of the Port Chalmers Recreation Reserve
known as Back Beach adjacent to the formed but not legal road, being
approximately 798m2 (subject to survey) being part Lot 5,
Deposited Plan 389391 part Computer Freehold Register 360774.
b) Determines the
criteria for exemption for public notification have been met.
c) Acting under
its delegation from the Minister of Conservation dated 12 June 2013 and
pursuant to Section 48 of the Reserves Act 1977, grants an easement in gross
to Aurora Energy Limited for the installation of underground cables over that
part of the Port Chalmers Recreation Reserve known as Back Beach adjacent to
the formed but not legal road, being approximately 798m2 (subject
to survey) being part Lot 5, Deposited Plan 389391 part Computer Freehold
Register 360774.
|
BACKGROUND
4 Aurora
Energy Limited (“Aurora”) is currently in the process of upgrading
its compromised poles in the Port Chalmers, Back Beach area (“Back
Beach”) within the Port Chalmers Recreation Reserve.
5 It is
planned to replace existing infrastructure with a new underground cable.
The
Proposal
6 It is
proposed to remove the existing 1948’s overhead cables and the
compromised poles that run along the edge of the formed but not legal road at
Back Beach. The network will be reinforced by way of a new underground
cable.
7 The
location and route of the new cable is shown in the technical diagram and
aerial photograph as attached as Attachment A. The cable will run for
approximately 266 metres within a minimum 32mm PVC duct along the
reserve. The easement corridor width required is three metres creating a
total easement area of 798m2.
8 Alternative
options have been considered and discounted as undergrounding the existing
overhead cables and removing the poles addresses existing safety concerns
associated with the current support structures. A further overhead option
in this location is not considered desirable. The underground option will
improve safety and assist in beautification and enhance the use of the reserve
for recreation.
DISCUSSION
Land
Status
9 Back
Beach is a recreation reserve contained within Computer Freehold Register
360774 and it is classified as recreation as set out in NZ Gazette 1980 p221
(GN 530060)
Council
as the administering body
10 The Council, in its
capacity as administering body of the reserve, has the responsibility for
ensuring compliance in terms of the Reserves Act 1977 and for considering the
merits of the proposal to grant easements.
11 Section 48 of the
Reserves Act 1977 (“Section 48”) is the statutory authority for the
grant of easements for public purposes.
The
Reserves Act 1977
12 Section 48(2)
requires public notification of the intention to grant an easement unless it
can be demonstrated that:
(a) The
reserve is vested in an administering body and is not likely to be materially
altered or permanently damaged; and
(b) The
rights of the public in respect of the reserve are not likely to be permanently
affected by the establishment and lawful exercise of the easement.
13 As the cabling will
be underground the rights of the public will not be permanently affected.
It is recognised that future repairs and maintenance may be necessary from time
to time. The effects on the reserve of such repairs or maintenance will
be temporary and minimal. Accordingly the requirement for public notification
is not applicable.
Relevant
Reserve Management Plans
14 The Reserves
Management Plan – General Policies document (“General
Policies”) covers all basic issues of the day-to-day administration of
reserves in Dunedin. The Otago Harbour Reserves Management Plan (“Otago
Harbour plan”) does not replicate those policies. The Otago Harbour
plan takes precedence where both the General Policies and the Otago Harbour
plan address the same issue. Otherwise both documents are used to guide
management of the reserves.
15 Although the General
Policies specify that easements should be for a limited term, in this instance
Council officers recommend that the easement be granted in perpetuity.
The effects of the utility facility on the use and development of the reserve
have been minimised by the changes proposed and there will be a public benefit.
Otago
Harbour Reserves Management Plan
16 The Otago Harbour
plan advises on the recreation use of Back Beach and is summarized under the
following points:
· Back
Beach is an important area for passive and active recreation activities.
· With
boat sheds, a ramp, jetties and pontoons there are strong links with access to
water.
· Back
Beach is a popular recreation resource especially for children swimming,
fishing, jumping off the wharf and exploring.
· The
general public use the area for walking due to the general lack of cars
travelling along the gravel road.
Merits
of the proposed easement
17 Undergrounding the
cables addresses existing safety concerns for the public associated with the
compromised poles.
18 The overall Back
Beach area will be enhanced. Better views from Back Beach over the
harbour will result as the power poles will no longer be present. Access
to the existing boat sheds on the harbour side will be easier. General
aesthetics will be improved for the purpose of general public access and the
recreational use of Back Beach.
Easement
terms and conditions
The proposed key elements of the
easement include:
Statute Granted
pursuant to Section 48 of the Reserves Act 1977
Grantee Aurora
Energy Limited
Legal Description 798m2 (subject to survey) being part Lot 5,
Deposited Plan 389391 part Computer Freehold Register 360774
Purpose The right to convey electricity over and through the
soil
Term In perpetuity
Rental Nil
The terms and conditions of the easement are to be finalised
by In-house Legal Counsel.
Council
as the Minister of Conservation’s delegate
19 The Council, in its
capacity as the Minister of Conservation’s delegate, has the supervisory
role in ensuring that the decision on whether or not to grant the easement has
been arrived at in compliance with the requirements of the Reserves Act 1977.
20 In particular, the
Council as the Minister’s delegate, needs to be satisfied that:
· the
status of the land has been correctly identified;
· there
is statutory power to grant the easement;
· the
necessary statutory processes have been followed;
· the
easement has been appropriately considered; and
· the
decision is a reasonable one.
21 Back Beach is part
of the Port Chalmers Recreation Reserve and is classified as recreation.
22 Section 48 of the
Reserves Act 1977 provides the statutory authority to grant an easement over
this reserve. The statutory processes have been followed with full
consideration given on whether public notification is required.
23 The functions and
purposes of the recreation reserve classification will be enhanced by
legalising the proposed easement. The removal of power poles and
undergrounding the new replacement cables will improve public access and use of
the area by the public for recreation purposes as well as improve the harbour
side views and aesthetics. The decision is a reasonable one taking into
account the facts outlined in this report.
OPTIONS (COUNCIL AS ADMINISTERING BODY AND ACTING UNDER
DELEGATION FROM THE MINISTER OF CONSERVATION)
Option
One – Recommended Option
24 Consent to the grant
of an electricity easement in favour of Aurora Energy Limited, on the terms and
conditions outlined in this report.
Advantages
· The
proposal improves the public safety of the area.
· The
proposal improves the recreation appreciation and use by the public of the
area.
· New
underground cabling will be installed.
· Confirms
that the Council has fully considered the merits of the proposed easement and
has complied with the requirements of the Reserves Act 1977.
Disadvantages
· Temporary
disruption while underground cabling work undertaken.
Option
Two – Status Quo
25 Do not consent to
the grant of an electricity easement in favour of Aurora Energy Limited, on the
terms and conditions outlined in this report.
Advantages
· Avoids
the temporary disruption while underground cabling work is undertaken.
Disadvantages
· There
is no improved public safety of the area.
· There
is no improvement to the recreation appreciation and use by the public of the
area.
· Old
1948 cabling and power poles will remain and continue to deteriorate.
· To
take this option, the Council would need to decide that the Reserves Act 1977
has not been complied with and/or the decision to grant the easement is not a
reasonable one.
NEXT STEPS
26 If the Council
consent to grant the easement and is satisfied the legislative requirements are
met, the Agreement to Grant the Electricity Easement can be executed and work
can proceed.
Signatories
|
Author:
|
Maria Sleeman - Leasing Officer
|
|
Authoriser:
|
Dave Miller - Group Manager Parks and Recreation
Ruth Stokes - General Manager Infrastructure and
Networks
|
Attachments
|
|
Title
|
Page
|
|
a
|
Maps showing line of
easement and location at Back Beach, Port Chalmers
|
77
|
|
SUMMARY OF CONSIDERATIONS
|
|
Fit with purpose
of Local Government
This decision relates to providing local infrastructure
and it is considered good-quality and cost-effective.
|
|
Fit with strategic
framework
|
|
Contributes
|
Detracts
|
Not applicable
|
|
Social Wellbeing Strategy
|
☒
|
☐
|
☐
|
|
Economic Development Strategy
|
☐
|
☐
|
☒
|
|
Environment Strategy
|
☐
|
☐
|
☒
|
|
Arts and Culture Strategy
|
☐
|
☐
|
☒
|
|
3 Waters Strategy
|
☐
|
☐
|
☒
|
|
Spatial Plan
|
☐
|
☐
|
☒
|
|
Integrated Transport Strategy
|
☐
|
☐
|
☒
|
|
Parks and Recreation Strategy
|
☒
|
☐
|
☐
|
|
Other strategic projects/policies/plans
|
☒
|
☐
|
☐
|
The easement will result in improved public safety and
recreation appreciation and use of the Back Beach which contributes to both
the Social Wellbeing and Parks and Recreation Strategies.
|
|
Māori Impact
Statement
No known impacts for Tangata Whenua.
|
|
Sustainability
The easement will provide for new infrastructure that will
be sustainable for the future.
|
|
LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
There are no implications for the LTP or the Annual
Plan. There are no implications for current levels of service or
performance measures. The proposal is consistent with the
Infrastructure Strategy.
|
|
Financial
considerations
No financial implications.
|
|
Significance
This decision is of low significance in terms of the
Council’s Significant and Engagement Policy.
|
|
Engagement –
external
On-going liaison has occurred with Aurora Energy Ltd.
|
|
Engagement -
internal
Parks and Recreation staff have been consulted on the
proposal.
|
|
Risks: Legal /
Health and Safety etc.
There are no material risks associated with the
decision. The detailed terms and conditions of the easement document
will be checked by the Council’s legal team. Any health and safety
issues with regards to the proposed work will be dealt with by Aurora Energy
Ltd.
|
|
Conflict of
Interest
No conflict of interest identified.
|
|
Community Boards
The Chair of the West Harbour Community Board has been
advised about the proposal.
|
Resolution to Exclude the
Public
That the Council excludes
the public from the following part of the proceedings of this meeting (pursuant
to the provisions of the Local Government Official Information and Meetings Act
1987) namely:
|
General subject of the matter to be considered
|
Reasons
for passing this resolution in relation to each matter
|
Ground(s) under
section 48(1) for the passing of this resolution
|
Reason for
Confidentiality
|
|
C1
Confirmation of the Confidential Minutes of Ordinary Council meeting -
31 October 2017 - Public Excluded
|
S7(2)(j)
The
withholding of the information is necessary to prevent the disclosure or use
of official information for improper gain or improper advantage.
S7(2)(a)
The
withholding of the information is necessary to protect the privacy of natural
persons, including that of a deceased person.
|
S48(1)(a)
The public conduct of
the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
|
|
|
C2
Funding request
|
S7(2)(b)(ii)
The
withholding of the information is necessary to protect information where the
making available of the information would be likely unreasonably to prejudice
the commercial position of the person who supplied or who is the subject of
the information.
S7(2)(h)
The
withholding of the information is necessary to enable the local authority to
carry out, without prejudice or disadvantage, commercial activities.
|
S48(1)(a)
The public conduct of
the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
|
|
This resolution is made in
reliance on Section 48(1)(a) of the Local Government Official Information and
Meetings Act 1987, and the particular interest or interests protected by
Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of
the Official Information Act 1982, as the case may require, which would be
prejudiced by the holding of the whole or the relevant part of the proceedings
of the meeting in public are as shown above after each item.
